New Delhi: A Delhi court on Friday granted bail to 12 people arrested in connection with violence in Seemapuri area of northeast Delhi during recent protests against the Citizenship Amendment Act.
Additional Sessions Judge Sanjeev Kumar Malhotra, while granting relief to all accused, also imposed an unusual condition. The accused, the bail order reads, should appear before the Seemapuri police on January 19, where the Investigating Officer/Station House Officer "shall endeavour to remove their doubts in respect of CAA".
How much expertise the investigating officer or the SHO has on the constitutionality and legality of the controversial new citizenship law is unknown.
While detractors have said that the law is discriminatory as it makes religion a criterion for citizenship while excluding Muslims, it has also led to fears that once the proposed National Register of Citizens is implemented, it would alienate Muslims.
The court said the accused would be released after they furnish a personal bond of Rs 20,000 each and one surety of like amount. Most of the accused were in judicial custody since December 21.
The court has also directed them to join investigation as and when required by the investigating officer and not to do "any act which may disturb the public peace".
"Right to protest is recognized as fundamental right in a democracy but this right of peaceful protest and open criticism of government policies do not extend to disturb the public order, i.e., public peace, safety and tranquillity.
"The Constitution of India also prohibits a person from making any statement that incites people to commit an offence," the court said.
Those granted the relief are; Amjad Khan, Abdul Kalam, Rajaullah Khan, Nisar, Amiruddin, Suaib, Ahtmaad Ahmed, Waqar, Anis, Hazi Mehraj, Mohd Shoib and Mohd Amir.
Advocates Zakir Raja and Satya Prakash Gautam, appearing for some of the advocates, told the judge that 10 out of 12 accused were in judicial custody since December 21 last year and some of them were not even present in the protest. Two accused, Shoib and Amir, were sent to judicial custody on January 5.
The advocates claimed that the accused were peacefully protesting against the CAA.
The advocates further said that section 307 (attempt to murder) of the IPC was not attracted in the case since "admittedly the nature of the injuries sustained by police officials is simple in nature".
Stone-pelting and incidents of violence were reported on December 20 from Daryaganj in Old Delhi and Seemapuri in northeast part of the national capital during protests against the Citizenship Amendment Act, police said.
In Seemapuri, an additional deputy commissioner of police suffered minor injuries, it said. Police said the arrested people were part of an unruly mob and they were "threat" to peace.
It further alleged that the accused damaged public property and pelted stones at the police. Some of the police personnel received serious injuries and, therefore, section 307 was slapped against them, police said.
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